THE National Prosecuting Authority (NPA) has a duty, both in common law and under the Constitution, to perform its obligations without fear, favour or prejudice. This means no individual or institution should be feared or favoured by any decision it takes to institute or desist from a prosecution.Prejudice that will inevitably be suffered as a result of a legitimate prosecution must pass the test of lawfulness. The National Director of Public Prosecutions has the ultimate oversight authority to ensure that these duties are fulfilled.Unlike the Scorpions, which were replaced for overtly political reasons, the Hawks (the Directorate of Priority Crime Investigation) is not assured against political interference although, like its predecessor, it has a mandate to urgently investigate what are referred to as "priority crimes", which include cases of corruption, especially those emanating from high office. The Hawks – like every public institution in SA – are, however, subject to the rule...
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